Law And Justice Essay
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Law
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Nov 24, 2024
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Law enforcement is a career that is both violent and rewarding in many capacities. Justice needs to
be served in law enforcement and they have a responsibility to uphold the law and serve the people
in the community. Law enforcement is crucial in the world today as a global realm as life continues
to be more complex and law enforcement struggles to combat many aspects of crime
. In order to
combat these problems and have a positive future in the criminal justice system, everyone must
work together on a bigger scale. Justice is defined in law enforcement in many different and
accurate ways. Justice is inevitable and controversial when defining it in terms of law enforcement.
Law enforcement is challenged in every possible way as the
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The facilitators offer great insight when interfacing with the students and incorporate real life ideas
and experiences into the discussion questions and essays. The origin of this definition stems from
conducting various researches on the topics for the courses starting in the first course taken to the
course I am currently in. At first, it would have been difficult to put a definition together but with all
the educational opportunities and experiences from other class mates and the instructors, it was
clearly defined to me personally. I used many law enforcement experts throughout the program to
assist in better understanding the concepts of the past, present and future of the criminal justice
system. In order to promote this definition in my law enforcement career, I must adhere to being
moral in all the decisions I make personally. It can be easy to be a follower in this career choice and
lose sight of what is important to me as a person. Looking inside myself and staying to true to what I
have been, what I am currently and what I want to be in the future will bode well for future
endeavors in this field. I must continue to make a good example for others and hope they follow in
the correct path ahead rather than in the negative path that will be made available at certain
junctions in the future. This example could make a major impact in not only my life but those of
others in the same field. I will need
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Justice in the Legal System Essay
Justice in the Legal System
Justice, as defined by Webster's Dictionary is the quality of being fair or just. This implies that
justice would have something to do with being fair. I thought that if one of the things the law and
legal system are about is maintaining and promoting justice and a sense of fairness, they might not
be doing such a great job. An eye for an eye is fair? No, that would be too easy, too black and white.
I could cite several examples where I thought a judge's or jury's ruling was unfair, however I will
not simply due to the fact that this is to be about what justice is to me and not what justice was to the
particular courtroom situation. I actually do believe in our legal system and I believe in justice.
I
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The seeking of justice is a tiring and long quest akin to the seeking of truth, for they are closely
linked and without one there may not be the other. Without the understanding of what really
happened in an event or place and time, justice is not being sought out and cannot be dealt to those
who need it. We have all, at one time or another, felt wronged in some way, shape or form and I feel
that is why we all have a common interest in seeking justice. When we see and hear the unfortunate
stories of others, people who have had murder or assault, petty theft or vandalism, committed
against them or ones they love we hope that our idea of justice is served. We hope that the people
who commit the crimes "get what they deserve" and we have a common belief and hope that justice
can occur in the form of a jail term, a fine, probation, etc. We have this "hope" for others because we
know that if the same situation occurred in our lives, we would like to have some comfort in that the
"system works." This is why justice is important and sought after it give the community a common
ground and to some degree a sense of security. While not all justice is delivered conventionally via a
jail sentence or any means the courts deem appropriate it is a comfort to know that there are those
willing to give their time and energy to help attempt to reach the goal of justice. Justice can
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Laws and the justice system have had an important role all throughout history. The development of
laws has an effect on each civilization, its people, and even religion. Different sets and types of laws
can be linked to different government systems. For example, the laws of a democratic society are
very different from those of a communist society. The ways that each civilization over time
controlled the people and carried out punishments are all very different, yet in a way the same.
Many civilizations build off of each other, and extend off of the past laws. During the course of my
project, I really enjoyed seeing how we got to where we are today. It all started somewhere, and it
was interesting to find the places where things began. I
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The laws were written on strips of bamboo, which would string together and roll up like a scroll.
The Chou Dynasty laws are similar to Hammurabi's Code in the sense that the punishment had to be
even with the crime. The Chinese rulers believed at the time that this was the only way to restore the
natural balance of things. Executions were only allowed to be performed, by law, in nature's seasons
of decay and death, fall and winter. The laws and their punishments were extreme, and like the laws
of Hammurabi, scared the people into being well–behaved. Another law system with extreme
punishment appears in Greece, 621 BC. A lawmaker named Draco was chosen to write a code of
law for Athens. The laws he wrote were the first ones to be written for Greece. His penalty for
breaking many of the laws was death by execution. (This was so harsh that the word "draconian"
actually comes from his name.) About a hundred years later, another man, Solon, was chosen to re–
write the laws of Athens. He repealed Draco's laws, and only made serious offenses punishable by
death. He created some ideas that have lasted to modern times, and influenced Rome's laws of the
Twelve Tables. Solon promoted the free development of trades and professions, and even prohibited
dowries over women in family law. The Twelve Tables were developed around 450 BC in Rome.
They are thought to be the foundation of modern law, because they promoted public prosecution.
The
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The Relationship Between Law and Justice
Explain the relationship that you think exists between law and justice.
The relationship between law and justice has always been a topic of great controversy. Many people
rely fully on the law to bring about, what they believe, to be justice, while others are of the opinion
that the law is too 'black and white' to be wholly regarded as just.
The debate of whether a jury is an effective way of bringing forth justice has been present for
centuries. The opinion that it is not a reliable way to convict or acquit defendants is increasingly
communal, while others agree that "by pointing out that the right to jury trial has existed since 1166,
might help to make a popular case for its continued existence."[1]
"A jury will pass
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"There is an urgent need for empirical research involving real jurors in order to gauge jury
comprehension of expert evidence, especially in complex cases."[6]
It could be argued that the need to have a jury trial possibly undermines the judiciary. Does the need
for a jury, show a lack of confidence in the decision making ability of a judge
, who has had
professional training and been educated to a very high standard in order to do the same job as
untrained members of the public. We can see that the judges themselves do not place much
confidence in the academic ability of the jurors. During a trail, Mr. Justice Swallow commented
"Gentlemen of the jury, the facts of this distressing and important case have already been put before
you some four or five times...but so low is my opinion of your understanding that I think it
necessary in the simplest language, to tell you the facts again." If an expert in the profession
believes that these people are incapable of understanding the circumstances based around the
decision that they must make, surely this shows that there is too much importance rested on ill–
equipped people. "If juries are not allowed to use mathematical theories to interpret evidence and
instead have to fall back on their common sense, the wrong people may end up behind bars."[7]
Apart from their
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In Shakespeare's The Merchant of Venice, one recurring pattern is male fixation with law and
justice.
Although Antonio and Shylock command most of the play's dialogues pertaining to law and justice,
Bassanio does comment on law in two separate occasions. The first occurs when he is choosing
between one of Portia
's chests. He recognizes the dangers of façades and asks, "In law, what plea so
tainted and corrupt / But, being seasoned with a gracious voice, / Obscures the show of evil?"
(3.2.75–77). This line is significant because it deals with law before the courtroom scene takes place
and provides some foreshadowing to how the cases are presented. Shylock and Portia, especially,
employ different rhetorical devices in order to sway the ruling in their favor. In a second reading,
Bassanio's observation forces the reader to ask who is "seasoned with a gracious voice" and who is
morally right? During the courtroom scene Bassanio plays a less important role, yet he recognizes
how the law operates. Even though he has no say with the ruling he pleads with Portia, "And... /
Wrest once the law to your authority. / To do a great right, do a little wrong, / And curb this cruel
devil of his will" (4.1.211–214). Bassanio has a huge desire to help his friend Antonio and knows,
that at this point, only the law can help him. Thus, it makes sense that he asks Portia to establish a
favorable ruling. Bassanio's words seem to suggest that he has a less black–and–white outlook
towards law: he
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Essay on Justice
Essay on Justice
'Justice is such an elusive concept that it hardly seems worthwhile for a legal system to strive to
achieve it'.
Justice is something that we all want from a Law and believe should be an integral part in any legal
system. However, the meaning of Justice is very difficult to define. There are many aspects of
justice that we may question about; i.e. is a particular law just? Is the legal system just? Much of the
issue of justice is very controversial and raises questions such as whether the combination of Law
and system produce a just result? Justice has a definition as follows: 'The quality of being just or
fair, the act of determining rights and assigning rewards or
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The logical extension of this view is that the Legal rules of a country can be broken if they do not
conform to moral Laws, a view that was favoured by St. Thomas Aquinas. This theory of Natural
Law can be contrasted with Positivism. Natural lawyers conflict with positivist thinkers who believe
that if the Law is made according to correct procedure, then it should be followed however much it
conflicts with morality. Positivists like Kelsen argue that Law and morality are entirely separate
concepts, and believes that justice is abstract, therefore it is has no concept in Law. Kelsen also
argued that the concept of justice is too vague to be defined and that even if law is immoral, it still
should be followed. Austin's view stems from the positivist argument that Law is Law because of
sovereignty and procedures. Professor Hart also considers law and morality to be separate. He
believed that Law should be based on logical ideas that produce correct decisions from the rules.
Durkheim, a sociologist, took the view that society is held together 'a cohesion' and that the Law is
an integral part of making these structures work. Kelsen's theory can be contrasted to LL Fuller who
favours the natural Law theory. Fuller took the example of the Nazi Law and condemned with their
Legal system. He argued that Nazi Law was not Law at all as it was so fundamentally unjust.
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The Concepts of Law, Authority and Justice
Laws in this sense mean prescriptive legal rules, as opposed to descriptive patterns of cause and
effect in nature. They are the laws of society's making, rather than the laws of science. There are
certain characteristics of these laws; they are designed and implicated by society for society, they
reflect the conventions of the society which generates them, they are prescriptive which means that
their members of that society must or must not do certain things. They can be violated, however
sanctions are applied to those who do violate them, and sanctions are the prerogative and
responsibility of the official government present in that society. The
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The laws within societies are not concerned with what is morally right or wrong, but whether an
action has good or bad effects on the rest of society. For example adultery is widely thought of as
being immoral, however it is not illegal. Most illegal actions are also held to be immoral, therefore,
this means that morality is much further–reaching than the law.
The authority of laws comes as a result of an unwritten social contract between all the members of a
society who choose to live in that society. They gain their authority by being willed by the majority
of the people, and because of the way in which they are drawn up they do not possess any absolute
qualities.
Some people may think that law and morality are the same thing, but they would be incorrect,
however there is undeniably a link between the two; the morality of a society, or it 'mores' have a
strong influence on the laws that are drawn up. There re three main ways in which philosophy sees
the relationship between morality and law, these are legal positivism, natural moral law and the
interpretive approach.
Authority on the other hand is considerably different to the concept of law, it can be defined as the
ability and/or right to enforce or demand acceptance and obedience. According to some we, as
humans,
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Difference Between Law And Justice
Introduction
Does the application of law always provide a just result? Law and justice are often grouped into the
same category. Whether it is on TV or in a real case, most people find it difficult to differentiate
between the two. Without prior knowledge, one may think that they are two ways of saying the same
thing. In reality, law and justice are completely different and can be defined by each person to fit
their needs. This paper will outline the differences between these two words and further expand on
how they are used.
What is Justice?
Justice, in a sense, in doing what is right. One may seek justice for themselves, someone they love
or something they believe in. Often seen as interchangeable with fairness, justice can even be
viewed as revenge or to right any wrongs done. On a broader note, justice is fairness for people's
rights and punishment for their wrongs. An ideally just legal system would be one without biased
judges, police officers and juries and an understanding that everyone is innocent until proven guilty
and must receive the benefit of the doubt. There are four main categories of justice. They are
distributive justice, procedural justice, restorative justice and retributive justice. Distributive justice
focuses on equality and is the main focus of socialism. It addresses the concept of the ownership of
goods in a society such that if a person feels they are not receiving their fair share of something,
they may seek another form of justice to fulfil their needs. Procedural justice is based in fairness. It
is an inclusive form of justice that takes everyone's needs and concerns into consideration to make
something as fair as possible. Restorative justice is based on putting things back as they were. It can
mean settling something with an apology, some means of payment or other forms of community
service. Lastly, retributive justice is justice based on revenge. It sees punishment as a way to
appease or settle the victim. Although many of these form of justice can be seen as subjective,
retributive justice is arguably the most. It is rooted in the principle that after being punished, the
perpetrator will discontinue any wrongdoing, but in most legal systems, the results are opposite.
This
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Human nature, Law, and Justice in "Utopia"
"Utopia, Book I" by Sir Thomas More begins with the narrator, More, that is traveling around
Northern Europe as an ambassador for England and ends up in Antwerp. While he was in Antwerp,
he met up with a good friend of his Peter Giles. One day he finds Giles conversing with a bearded
man. Soon Giles introduces him to this man, Raphael Hythloday. Hythloday is a philosopher and
travels to different places around the world. After More and Hythloday meet, More is intrigued by
the stories Hythloday has to say. The three of them all go to Giles' house for supper and a long chat.
Hythloday then describes about the many voyages he has been on along with Amerigo Vespucci, a
famous Italian explorer. They have traveled to the New World, South of the Equator, through Asia
and then mentions how he ended up in an island called Utopia
. He then describes the different
societies in the variety of countries he has gone to. Giles and More come to the conclusion that
Hythloday will be a great counselor to a king. Hythloday rejects their idea and begins telling the
story of when he once had a dinner with Cardinal Morton and others. Throughout this dinner he
proposed a variety of ways for punishing people who break the laws. They refuse his proposals. He
uses this story by showing More and Giles how useless it is to counsel a king or prince when his
other counsels agree with the king 's beliefs and policies. He tells other different stories to prove his
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The Philosophy Of Law And Justice
The Philosophy of Law and Justice Ratika Sharma Monday, September 23, 2014 CLU3M1 Miss
Dowhaniuk "...No matter how plain a women may be if truth and loyalty are stamped upon her face
all will be attracted to her..." Anna Eleanor Roosevelt was born on October 11, 2014 in New York
City, New York. She was the only the only daughter of Anna Hall and Elliot Roosevelt; she was the
middle child in her trio of siblings. Her brothers were Elliot Roosevelt Jr. and Gracie Hall Roosevelt
who were the oldest and youngest siblings respectively. The Roosevelt siblings encountered trauma
at a young age. Their mother passed away when Eleanor was only eight years old and their father
passed away shortly after, when Eleanor just turned
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She was heavily influenced by the unfair conditions people of colour encountered and the women's
suffrage movement. Roosevelt was influenced to say this quote because she was fully aware of the
rights white men were accustomed to versus everyone else in society. Although certain groups of
people were granted more rights than others, it does not mean it is fair to minorities. A society can
thrive when everyone is given equal rights all the time, not when superiority groups deem so to
minorities. Simply, this quote means that if we are to grant justice to a certain group of people, we
must do so to all the people, regardless if they belong to the minority group or not. It can be very
easy to only give rights to a certain group of people, but that would cause chaos and can corrupt our
government system. Fundamentally, justice is one of our most important rights as human beings and
is something that is entitled to us, as Canadians, regardless of age, gender or ethnicity. Justice is also
necessary for everyone as injustice towards certain groups can cause violence. "Your crown has
been bought and paid for", said Maya Angelou. Many people are proud of western civilization for
changing our mindset towards big issues such as women's rights and multiculturalism, but many
forget that our nation was not always so free and open. We must respect our ancestors for changing
society and not take our rights for
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Jasper Jones Quotes Justice Essay
In the novel Jasper Jones by Craig Silvey it is revealed that justice and the law are not the same
things. The law can be defined as a set of rules and regulations to be followed and justice can be
defined as just behaviour or treatment. The law is meant to ensure that justice is always present but
this is not always the case as seen in Jasper Jones. In the novel, the law is not used for justice but is
rather used for prejudice, in order for characters of the novel to find justice they must do so outside
of the law and to find justice you have to take the law into your own hands.
At times it is necessary to break the law for justice to prevail.The quote "You want me to go to
prison for nothing just so the Wisharts can say goodbye properly?..I'm
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This is made evident in the quote "I can hear them shouting: Red Rat! Fucking Red Rat!...He's
(Charlie's father) stepping between them and An Lu." The phrase "Red Rat! Fucking Red Rat"
shows the racial abuse targeted at An Lu and his family because they are of a different ethnicity.
They are word red is used to signify that the attackers associate the Lu family as communists as
currently there is a war in Vietnam against a communist party. This racial attack is an act of injustice
and at the time of the attack the police were nowhere to be seen, forcing the civilians to take the law
into their own hands and fight for justice. This is shown in the phrase "He's (Charlie's father)
stepping between them and An Lu." With the absence of the law civilians like Charlie's father must
intervene in the name of justice as the law will not do so. This shows how ineffective the law is in
Corrigan when it comes to protecting its people and fighting for justice, forcing the civilians to fight
for their own justice as the law will not. For justice to prevail, civilians must take matters into their
own hands as the absence of the law will only allow acts of injustice to wreak
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My Passion For Law
From what was a once unexplored subject, I have developed my sincere passion for Law through
my college studies and also in my spare time. I would like to become a lawyer, well known for my
competency and perseverance. I feel an industry recognised law degree will not only enable me to
develop on my current legal knowledge, but also provide me with essential professional skills and
experiences in order to achieve this career aspiration. One particular case which has interested me is
that of Ahluwalia 1993. I have watched many news broadcasts and documentaries depicting this
case, as I believe it was very important in changing the definition of provocation to consider
sustained domestic violence and accept the notion of cumulative provocation. This case shed light
on battered women's syndrome, and showed how other mental conditions affect abnormality of
mental functioning, which gives rise to a defence of diminished responsibility – therefore widening
the defence. This case was one of the elements that drew me to pursue law as it reinforced the
relationship between law and society. I have come to realise that the Law has a major social impact
and contributes to making society what it is today, civilised. Law exists all around us; it engages
with everything in society, from traffic laws to safeguards and food policies. This further attracts me
to being able to work aside the law, because it will allow me to cover all sorts of interesting topics
and impact the way people live
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Theories Of Law And Justice
Essay #1
Theories of law and justice answers the questions on how/ why in society a person behavior could
be seen or handle as a criminal (Akers & Sellers, 2009). Also the theory helps explain why a certain
behavior is consider illegal and what punishment needs to be taken for that behavior/conduct. To
answer these questions, the theory looks at the variables which are social, economic, and economic
which has it affects on law and justice (Akers & Sellers, 2009). For theories of crime and criminal
behavior it tries to answer the question of why there is a difference of group rating on crime and
deviance. Also, why are some people able to commit criminal verses others (Akers & Sellers,
2009)? The first question is Macro–level, so it looks at if social, economics
, cultural factors,
structures, and factors affects it. Then the second question that was mention is micro–level because
instead of looking at a group it is looking at a individual and its interactions/intrapersonal factors
(Howell Chapter 1 slides, 2015).
For social structure theories it is crime that looks at the group difference which is Macro–level. The
predictors are societal forces and cultural factors (Howell Chapter 1 slides, 2015). In this theory
people are in different groups and so is the crime rate that is different in these groups. The
differences is due to the predictors that affects it. Process theory is the micro–level that focus on the
individual behavior. Even through; people are place into different
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The Justice System Essay
The Justice System
Looking into criminal justice procedure, many administrations are at work. Starting with the police,
to the courts and concluding in corrections. Though all these sectors have different tasks, their
combined focus is processing the law. Regardless what the process is called criminal justice will
continue to serve with discretion, conviction, and correction
. When first presented with the question
whether criminal justice is a system, non–system, and network I leaned toward a network.
Throughout our discussions
, lectures, and readings I felt the process presented itself as a network.
Intertwined divisions working for a common goal. Further into my research and help from Webster,
I decided that the criminal justice
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These departments involve everyone throughout the sequence of events in the criminal justice
system including lawyers, judges, police, criminals, victims, and the society in which this occurs.
Every action and repercussion is seen and felt by all involved in a particular case. This is why all of
these players in the game of law depend on the actions and results of one another.
This dependency arises from numerous situations and circumstances. The police depend on
convictions from the court to see results for their job. Each sector must rely on the outcome of trial
cases to proceed. Plea–bargaining is a great example. Three or more parties are involved, the
prosecutor and defense attorneys must present the best and most reasonable deal, from their
perspective, and the defendant must agree to the terms. In some cases a judge can be a contributing
factor. Society is the most dependent and most critical, always keeping the department on its toes.
Dependency in this case does have its benefits. It provides the system with a check and balance
system.
Considering again Cohn's arguments that the criminal justice process should not be defined as a
system he makes some strong points, that have strong counter points. In short he states this process
is a continuum through which each offender passes, from the police, to the courts, into prison and
then back onto the streets. He quotes
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2.3 Conclusion:
The aim of criminal law is to protect the rights of the individuals and to safeguard the weak against
the strong, law abiding against lawless and peaceful against violent. The state has prescribed certain
rules of conduct, sanctions for their violations and machinery to enforce sanctions and procedure to
protect that machinery.
"If men were angels no government would be necessary." ––– James Madison.
Hence, it is the primary function of the government to protect the basic rights to life and property.
There can be no liberty if no protection of the basic rights of the citizens by the government
is
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Right to Life and Personal Liberty. People of India have become more receptive to quick, fair and
affordable justice. The entire existence of the orderly society depends upon sound and efficient
functioning of the Criminal Justice System. It is rightly said that "Justice delayed is Justice denied".
Whether a guilty person is exonerated or an innocent is punished or there is an enormous delay in
deciding the case, quality of justice suffers in all these cases. Since the objections of the criminal
justice system are not codified anywhere, hence they can be just inferred from different statutes.
Every democratic country aims at providing maximum sense of security to the people at large by
dealing with crimes and criminals effectively and legally. Our criminal justice system aims at
reducing the level of criminality in the society by ensuring maximum detection of the reported
crimes, convictions of accused persons without delay and to meet the ends of justice.
India inherited the adversarial system of common law from the British Colonial Rulers and the
criminal justice system of India is followed on the same track. In adversarial system truth is
supposed to emerge from the respective versions of the facts presented by prosecution and the
defence before a neutral judge. The term ―neutral judge is emphasized here because in adversarial
system there is no positive duty on the judge to
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Law and Justice
Law and Justice
Abstract
Justice is the quality of being fair or just. This is not an exhaustive definition of justice. Different
philosophers have defined justice in different ways. Justice is a concept that provides balance
between law and morality. Rawls proposition for law and justice has been accepted by world judicial
fraternity as a landmark vision to understand the system. Similarly it has earned a good amount of
criticism which shows the basic strength of the thought. As such: Rawls theories of Justice has to be
checked and rechecked not because it is best but because it will provide us a starting point to
understand this whole world of law and justice. In this paper an attempt has been made to
understand and analyze Rawls
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Rawls claim that the principle "greatest happiness for greatest number of people" is unjust. He
comes up with the principle of fair equality and "The Difference Principle".
Secondly, utilitarian appears to compromise on the extent of liberty whereas Rawls at his "original
position" theory sees complete liberty.
Thirdly, Rawls concept of benefit is different and is wide from Utilitarian's proposition. Within the
concept of Rawls is liberty, opportunity, income, wealth and the foremost is the base of self respect.
Theses provide more avenues to exercise autonomy and choice where as utilitarian's are concerned
with welfare, and have lesser choice with individuals.
Rawls conducts thought experiment to find out a mutually acceptable principle of justice. He creates
a hypothetical concept of "veil of ignorance" wherein individuals are supposed to be incapable of
deciding any special interest. They would be ignorant of their own views on the "good life". He
asserts that this principle would be chosen by persons reasoning about justice in a situation in which
they lack specific knowledge about themselves and their social position. Otherwise this makes them
partial to one arrangement of distribution over another. Thus constrained, the parties draw up the
principles neither by using moral reasoning, nor by effecting compromises between
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Essay on Relationship Between Law and Morality
In this essay I intend to discuss the relationship between law and morality through the perspectives
of legal philosophers, I will provide a brief explanation of law, and what does law intend to achieve
in the society. When discussing the relationship between law and morality I will consider the
distinction between the theory of natural law and legal positivism and how these two theories
influence each other and whether there is a legal or moral duty for the society to obey the law.
Legal philosophers have tried to provide a brief explanation for the meaning of law; however their
definitions have been vague and ambiguous. John Austin explained law as 'something which is
man–made and separate from morality and justice, furthermore provided
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Law also provide facilities for people to make their own arrangements, law protect and facilitate
different arrangements between people, and law settles disputes about what law is and whether a
certain conduct conflicts with legal rules. It aims to create laws that are predictable, that are able to
be easily analysed and understandable by the general society.
Morality is what the society regard as right and wrong which is highly subjective, some legal
philosophers believe that there is a certain moral standard which human laws must contain. Chapter
2 in The Constitution of the Republic of South Africa, 1996 which is the Bill of Rights contains
moral values which the country is based. Section 1 of the Constitution provides that South Africa is
an independent sovereign, democratic state which was based on following values:
± 'Human dignity, achievement of equality and advancement of human rights and freedom,
± Non racialism and non sexism.'
South African Constitution is entrenched with moral standards in the Bill of Rights, these is also
noted in the case of S v Makwanyane where the court declared death penalty unconstitutional based
on that it conflict on the right to life , human dignity and right not to inflict bodily harm. Natural law
dictates and limits the scope in which positive lawyers can enact and enforce the law, as we note in
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To What Extent Does the Law Achieve Justice
To what extent does the law achieve justice?
The literal meaning of justice is 'the quality of being morally right and fair' but there are various
theories which can be considered and compared since they all define justice in a different way.
Formal and concrete would need to be considered. Formal justice is concerned with the methods and
procedures in place for decision making and allocating goods and services. It can be said that as
long as procedures are fair and everyone has an equal chance to get access to the law, the system can
be seen as being formally just. However this could lead to injustice such as before the case of R v R
if a judge was to follow formal justice, it would mean that married women would not have the
same
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Nozick's theory of justice was not achieved since the interference was not kept as a minimal.
Utilitarianism was a theory of justice that was developed by Jeremy Bentham and later on modified
by John Stuart Mill which said that justice is achieved when there's the greatest happiness for the
greatest number. In the case of R v Brown & others, the defendants were not given the defence
of
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Essay about Justice
Justice
When the question is asked "Can we live in a just world?" In effect it is asking us a
variety of things. "Can there be justice for all?" and "Can there be equality for all
people?". The answer to this question is no.
Unfortunately we live in a world where justice has never really transpired. The first justice that I
would like to speak about is personal justice. Blessed are those reared in a household innocence of
the deadly sin of envy. Their lives will be tormented by a grinding resentment that they are not
beautiful, or famous, or favored with gifts of fortune. They will not demand as a natural right or an
entitlement of personal equality with everybody under the sun; nor maintain that their
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content...
I feel that would be unfair, and ignorant
. The stranger should have to earn my respect, just like my
parents or friends. The teachings of Marx exemplified this very wrong that I am discussing. Marx
believed (if I am not mistaken)that in order to bring about equality for all, first we must find the
inequality between classes and get rid of it. When this deed is performed it would in essence place
everybody on the same level. This would place all people in an equality of conditions, where all are
in the same boat. The average person would be faced with the same problems as the next. This is the
type of "just" society that I do not think should exist. It is absolutely unjust.
I have no doubt that when we recognize the differences between people, without being envious of
their talents and gifts, we may find things that we may learn from. By doing this we not only make
life more bearable by eliminating ignorance, but learning to love differences Many of the problems
today are caused because people fail to see the glory in variance. This is the problem of mis–
education, or lack of it. Education is also part of justice. I believe that all people (however
unrealistic that this may be) whether rich or poor should be placed with an equivalence of education.
The dilemma I face when making this statement is that it is contradictory to almost all that I have
previously stated. If people
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Law, Not A Court Of Justice
"THIS IS A COURT OF LAW, NOT A COURT OF JUSTICE" Introduction It is a common
assumption that law and justice are the same things and that the law's sole purpose is the
advancement of justice. Many people wonder whether there is a difference between law and justice:
the foregoing play different roles in the legal system albeit having a few similarities. Societies
regard the law as a tool that they use to get justice. On the other hand, justice is the ultimate target
that societies have endeavored to realize since the evolution of humankind. The law has evolved
from the ancient law such as Hammurabi, Babylonian and roman laws to contemporary law; as the
law evolves throughout time, so does the society's grasp of the concept of justice. The assertion that
the courts of law ought to decide cases as per justice as opposed to the law; the foregoing establishes
whether a connection exists between law and justice. The question as to whether "justice is part of
the law or merely a moral judgment about law" has troubled legal and political philosophers. The
scope of this essay is to use critical lens to discuss Justice Oliver Wendell Holmes' famous words
"this is a court of law, young man, not a court of justice," in the context of the Australian court
system. An overview of the Australian court system A criminal justice system comprises of practices
and institutions set up to control/mitigate/deter crime and inflict penalties on those who violate laws
put in place. The criminal
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